KAILASH CHAND SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) IT shall not be out of place to state at the very outset that this case has a chequered history. On initial appointment as Peon, the Petitioner had joined the employment of Municipal Corporation, Shimla, in May, 1978. However, consequent upon abolition of octroi in March, 1982, services of the Petitioner alongwith other similarly situate employees of the Municipal Corporation came to be absorbed in different departments of the State Government. The Petitioner was allocated to the department of Industries.

(2.) ACCORDING to the Petitioner, he fell seriously ill and proceeded on medical leave w.e.f. 13.08.1984 to 25.01.1985. However, per contra, the version of the Respondent -department is that the Petitioner while working as Process Server in the said department submitted an application dated 13.08.1984 for medical leave without mentioning the period of leave.

(3.) THE Petitioner submitted reply, Annexure P -6, to the charge sheet, which is reproduced below in extenso: